Kerala High Court
Abdu Rasheed vs The Registrar Of Companies on 6 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 28597 OF 2023
PETITIONER:
ABDU RASHEED
AGED 46 YEARS
S/O MUHAMMED, NARANGAVIL HOUSE, PONMUNDAM (PO),
MALAPPURAM DISTRICT, KERALA, PIN - 676106.
BY ADVS.
M.P.SHAMEEM AHAMED
AKHIL PHILIP MANITHOTTIYIL
RESPONDENTS:
1 THE REGISTRAR OF COMPANIES
CENTRAL REGISTRATION CENTRE, MINISTRY OF CORPORATE
AFFAIRS, THE INDIAN INSTITUTE OF CORPORATE AFFAIRS
(IICA) PLOT NO.6,7,8, SECTOR-5, IMT MANESAR, MANESAR,
HARYANA, PIN - 122050.
2 MINISTRY OF CORPORATE AFFAIRS (MCA)
REPRESENTED BY ITS SECRETARY
A WING, SHASTHRI BHAVAN, RAJENDRAPRASAD ROAD,
NEW DELHI, PIN - 110001.
SRI.MANU S., DSG OF INDIA
SRI.GIREESH KUMAR V (CGC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28597 OF 2023
2
T.R.RAVI.J
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WP(C) No.28597 of 2023
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Dated this the 06th day of June, 2024
JUDGMENT
The petitioner has approached this Court being
aggrieved by Ext.P18 whereby an application for
registration of a limited liability partnership firm with the
name 'Sahara Travels and Hajj Umrah Service LLP' was
rejected for the reason that the proposed name includes
the word 'Sahara' which is 'undesirable' as it is a well
known name and that the proposed name includes word
'Sahara' which has existing trade mark under Class 39.
The rejection is stated to be under Section 15(2)(b) of the
Limited Liability Partnership Act, 2008. Section 15 says
that no limited liability partnership shall be registered by
a name which, in the opinion of the Central Government is
undesirable or identical or too nearly resembles to that of
any other partnership firm or limited liability partnership
WP(C) NO. 28597 OF 2023
or body corporate or a registered trademark, or a
trademark which is the subject matter of an application
for registration of any other person under the Trade
Marks Act, 1999.
2. The counsel for the petitioner submits that the
word 'Sahara' appearing in the name of the partnership
firm cannot be treated as 'undesirable', in view of the fact
that several registrations have been granted under the
Trade Marks Act as well as by the Ministry of Corporate
Affairs to several entities which have the word 'Sahara' in
their name. It is also pointed out that several entities have
been issued with trademarks where the name of the entity
carries the word 'Sahara' and that too under Class 39, for
which the petitioner has applied. The petitioner has
produced evidence in the form of extracts from the
websites of the Ministry in this regard.
3. A counter affidavit has been filed by respondents
1 and 2. The counter affidavit, while dealing with the
WP(C) NO. 28597 OF 2023
averments in the writ petition, has specifically stated that
the averments in paragraphs 21 and 22 of the writ
petition are admitted in view of the trademarks
certificates which been produced along with the writ
petition. It is also stated that the reason for rejection was
that, to a query from the office of the respondents at the
time of registration, regarding the several trademarks on
word mark 'Sahara' seen in the site, under Class 39, the
petitioner did not submit the documents which have now
been placed before this Court in the writ petition, for the
purpose of processing. It is submitted by the counsel that
if these materials were available before the respondents,
there was no reason why the request should have been
denied. There is no serious objection to the registration of
the petitioner's limited liability partnership firm. It would
appear that a rejection happened because of issues while
uploading the details.
4. The writ petition is hence allowed. There will be
WP(C) NO. 28597 OF 2023
a direction to the 1st respondent to process Ext.P7
application submitted by the petitioner afresh and the 1 st
respondent shall grant the certificate of incorporation to
the limited liability partnership under the name and style
'Sahara Travels and Hajj Umrah Service LLP' at the
earliest, at any rate within one month from the date of
receipt of a copy of this judgment. The respondents shall
enable the petitioner to resubmit the application within
one week from today.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 28597 OF 2023
APPENDIX OF WP(C) 28597/2023
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE PARTNERSHIP DEED DATED
15.01.2010 OF THE PARTNERSHIP FIRM 'SAHARA
TRAVELS AND HAJJ UMRAH SERVICE' ALONG WITH
TYPED COPY.
Exhibit P-1 (a) COPY OF THE REGISTRATION CERTIFICATE OF
THE FIRM SAHARA TRAVELS & HAJJ UMRAH
SERVICES.
Exhibit P-2 COPY OF THE CERTIFICATE OF ACCREDITATION
ISSUED TO THE FIRM 'SAHARA TRAVELS AND
HAJJ UMRAH SERVICE' DURING THE YEAR 2016.
Exhibit P-3 COPY OF THE CERTIFICATE OF ACCREDITATION
ISSUED BY IATA FOR THE YEAR 2023.
Exhibit P-4 COPY OF THE AUDITED PROVISIONAL PROFIT AND
LOSS STATEMENT FOR THE PERIOD TILL
20.03.2022.
Exhibit P-5 COPY OF THE PAN CARD OF THE PETITIONER'S
FIRM SAHARA TRAVELS AND HAJJ UMRAH
SERVICE'.
Exhibit P-6 COPY OF THE TRADEMARK REGISTRATION
CERTIFICATE NUMBER 2067894 DATED
03.01.2019 GRANTED TO THE PETITIONER.
Exhibit P-7 COPY OF THE FORM FILLIP GENERATED ONLINE
BY THE PETITIONER ON 13.03.2023 INCLUDING
RELEVANT PAGES OF FORM 9 ON THE MCA
PORTAL.
Exhibit P-8 COPY OF THE SCREEN SHOT FROM MCA PORTAL
SHOWING THE COMMENTS/REMARKS GIVEN ON
20.03.2023 AGAINST THE EXT.P7 FILLIP FORM
WITH SRN NUMBER M27698740.
Exhibit P-9 COPY OF THE REPLY DATED 27.03.2023 FILED
BY THE PETITIONER WHICH WAS UPLOADED ON
5.04.2023.
Exhibit P-10 COPY OF THE SCREEN SHOT FROM MCA PORTAL
SHOWING THE COMMENTS/REMARKS GIVEN ON
6.04.2023 AGAINST EXT.P7 FILLIP FORM WITH
SRN NUMBER M27698740.
Exhibit P-11 COPY OF THE PRINT OUT FROM THE TRADEMARK
PORTAL SHOWING THE STATUS OF TRADEMARK
APPLICATION NUMBER 1859246.
WP(C) NO. 28597 OF 2023
Exhibit P-12 COPY OF THE TRADEMARK REGISTRATION
CERTIFICATE FOR THE TRADEMARK APPLICATION
NUMBER 1859246.
Exhibit P-13 COPY OF THE PRINTOUT OF TRADEMARK PORTAL
SHOWING THE DETAILS OF REGISTERED
TRADEMARKS WHICH CONTAIN THE WORD
'SAHARA'.
Exhibit P-14 COPY OF THE REPLY DATED 05.04.2023 FILED
BY THE PETITIONER.
Exhibit P-15 COPY OF THE SCREEN SHOT FROM THE MCA
PORTAL SHOWING THE COMMENTS POSTED BY THE
1ST RESPONDENT ON 7.04.2023.
Exhibit P-16 COPY OF THE REPLY DATED 07.04.2023.
Exhibit P-17 COPY OF THE SCREEN SHOT FROM THE MCA
PORTAL SHOWING THE REMARKS POSTED BY THE
1ST RESPONDENT ON 28.04.2023.
Exhibit P-18 COPY OF THE SCREEN SHOT FROM THE MCA
PORTAL SHOWING THE REMARKS POSTED ON
1.05.2023 AND STATUS OF THE FORM FILLIP
WITH SRN NUMBER M27698740 AS 'REJECTED'.
Exhibit P- 19 SCREESHOT FROM MCA PORTAL SHOWING THE
DETAILS OF COMPANIES AND LLPS HAVING THE
WORD "SAHARA" AS PART OF ITS NAME.
Exhibit P-20 COPY OF THE TRADEMARK REGISTRATION
CERTIFICATE FOR TRADEMARK APPLICATION
NUMBER 1859247.
RESPONDENTS' ANNEXURES
ANNEXURE R1(A) TRUE COPIES OF RESULTS OF TM CHECKING ON
TM WEBSITE WWW.IPINDIAONLINE.GOV.IN VIDE
APPLICATION NOS. 1859246 AND 1859247.
ANNEXURE R1(B) TRUE COPY OF THE RESULT OF TM CHECKING ON
SAHARA TRAVELS OF THE PETITIONER'S ON THE
AFORESAID TM SITE VIDE APPLICATION NO.
2990405.
EXHIBIT R1(A) TRUE COPIES OF RESULTS OF TM CHECKING ON
TM WEBSITE WWW.IPINDIAONLINE.GOV.IN VIDE
APPLICATION NOS. 1859246 AND 1859247.
EXHIBIT R1(B) TRUE COPY OF THE RESULT OF TM CHECKING ON
SAHARA TRAVELS OF THE PETITIONER'S ON THE
AFORESAID TM SITE VIDE APPLICATION NO.
2990405.
